Polyaxial bone screw with spherical capture, compression insert and alignment and retention structures

ABSTRACT

A polyaxial bone screw assembly includes a receiver, a shank, an articulation structure for retaining the shank in the receiver and a compression insert for engagement with a longitudinal connecting member such as a rod. The articulation structure includes substantially spherical convex and concave surfaces that slidably engage both shank and receiver surfaces to provide compound articulation between the receiver and the shank. The receiver includes inwardly directed spring tabs engaging the insert and prohibiting rotation of the insert within the receiver.

This application Ser. No. 15/902,433, filed on Feb. 22, 2018, is one oftwo reissue applications of U.S. Pat. No. 9,414,863, with the otherreissue application being application Ser. No. 15/902,535 also filed onFeb. 22, 2018.

CROSS REFERENCE TO RELATED APPLICATIONS

This application is a continuation of U.S. patent Ser. No. 12/072,354,filed Feb. 26, 2008 that claimed the benefit of U.S. ProvisionalApplication No. 60/905,472 filed Mar. 7, 2007, both of which isincorporated by reference herein. U.S. patent Ser. No. 12/072,354 wasalso a continuation-in-part of U.S. patent application Ser. No.11/126,965 filed May 10, 2005 which is incorporated by reference herein.U.S. patent Ser. No. 12/072,354 was also a continuation-in-part of U.S.patent application Ser. No. 12/008,067 filed Jan. 8, 2008 that claimedthe benefit of U.S. Provisional Application No. 60/897,723 filed Jan.26, 2007, all of which are incorporated by reference herein. Thisapplication is also a continuation-in-part of U.S. patent applicationSer. No. 12/924,260, now U.S. Pat. No. 8,403,962, filed Sep. 23, 2010that was a continuation-in-part of U.S. patent application Ser. No.11/385,957, filed Mar. 21, 2006, that was a continuation-in-part of U.S.patent application Ser. No. 11/178,854 filed Jul. 11, 2005, now U.S.Pat. No. 7,789,896, that claimed the benefit of U.S. ProvisionalApplication No. 60/655,239 filed Feb. 22, 2005.

BACKGROUND OF THE INVENTION

The present invention is directed to polyaxial bone screws for use inbone surgery, particularly spinal surgery, and particularly to capturestructures and inserts for such screws.

Bone screws are utilized in many types of spinal surgery in order tosecure various implants to vertebrae along the spinal column for thepurpose of stabilizing and/or adjusting spinal alignment. Although bothclosed-ended and open-ended bone screws are known, open-ended screws areparticularly well suited for connections to rods and connector arms,because such rods or arms do not need to be passed through a closedbore, but rather can be laid or urged into an open channel within areceiver or head of such a screw.

Typical open-ended bone screws include a threaded shank with a pair ofparallel projecting branches or arms which form a yoke with a U-shapedslot or channel to receive a rod. Hooks and other types of connectors,as are used in spinal fixation techniques, may also include open endsfor receiving rods or portions of other structure.

A common mechanism for providing vertebral support is to implant bonescrews into certain bones which then in turn support a longitudinalstructure such as a rod, or are supported by such a rod. Bone screws ofthis type may have a fixed head or receiver relative to a shank thereof.In the fixed bone screws, the rod receiver head cannot be moved relativeto the shank and the rod must be favorably positioned in order for it tobe placed within the receiver head. This is sometimes very difficult orimpossible to do. Therefore, polyaxial bone screws are commonlypreferred.

Open-ended polyaxial bone screws allow rotation of the head or receiverabout the shank until a desired rotational position of the head isachieved relative to the shank. Thereafter, a rod can be inserted intothe head or receiver and eventually the receiver is locked or fixed in aparticular position relative to the shank.

During the rod implantation process it is desirable to utilize bonescrews or other bone anchors that have components that remain within thebone screw and further remain properly aligned during what is sometimesa very lengthy, difficult procedure. For example, some bone screwsdesirably include compression inserts or other parts that are designedto securely and fully engage surface portions of a rod or otherlongitudinal connecting member.

SUMMARY OF THE INVENTION

A polyaxial bone screw assembly according to the invention includes ashank having an upper portion and a body for fixation to a bone; a heador receiver defining an open channel; an articulation structure forretaining the shank upper portion within the receiver; and at least onecompression insert. The articulation structure is disposed between thereceiver and the shank upper portion and is slidingly mated to both theupper portion and the receiver, allowing for compound articulation ofthe shank with respect to the receiver. The receiver includes structurecooperating with the compression insert that retain such insert in adesired position and alignment within the receiver. Illustratedembodiments include spring tabs that project into the receiver cavityeither upwardly or downwardly and into grooves or slots and/or flatsurfaces formed in or on the insert.

OBJECTS AND ADVANTAGES OF THE INVENTION

Therefore, objects of the present invention include: providing animproved spinal implant assembly for implantation into vertebrae of apatient; providing such an assembly that includes an open longitudinalconnecting member receiver, a shank pivotally connected to the rodreceiving member, a rod or other longitudinal connecting member, and insome instances, an aligned pressure insert disposed between the shankand the rod; providing such an assembly that has a low profile afterfinal installation; and providing such an assembly that is easy to use,especially adapted for the intended use thereof and wherein the implantassembly components are comparatively inexpensive to produce.

Other objects and advantages of this invention will become apparent fromthe following description taken in conjunction with the accompanyingdrawings wherein are set forth, by way of illustration and example,certain embodiments of this invention.

The drawings constitute a part of this specification and includeexemplary embodiments of the present invention and illustrate variousobjects and features thereof.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is an enlarged exploded perspective view of a bone screw assemblyaccording to the invention including a shank, a retainer, a compressioninsert and a receiver and shown with a cooperating longitudinalconnecting member and a cooperating closure top.

FIG. 2 is an enlarged and partial side elevational view of the bonescrew assembly of FIG. 1.

FIG. 3 is an enlarged and partial cross-sectional view taken along theline 3-3 of FIG. 2.

FIG. 4 is an enlarged and partial perspective view of the bone screwassembly of FIG. 1 with portions broken away to show the detail thereof.

FIG. 5 is an enlarged front elevational view of the compression insertof FIG. 1.

FIG. 6 is an enlarged side elevational view of the compression insert ofFIG. 1.

FIG. 7 is a cross-sectional view taken along the line 7-7 of FIG. 5.

FIG. 8 is an enlarged front elevational view of the retainer of FIG. 1.

FIG. 9 is an enlarged rear elevational view of the retainer of FIG. 1.

FIG. 10 is an enlarged front elevational view, similar to FIG. 8 withportions broken away to show the detail thereof.

FIG. 11 is an enlarged exploded perspective view of a second embodimentof a bone screw assembly according to the invention including a shank, aretainer, a compression insert and a receiver and shown with acooperating longitudinal connecting member and a cooperating closuretop.

FIG. 12 is an enlarged and partial side elevational view of the bonescrew assembly of FIG. 11.

FIG. 13 is an enlarged and partial cross-sectional view taken along theline 13-13 of FIG. 12.

FIG. 14 is an enlarged and partial perspective view of the bone screwassembly of FIG. 11 with portions broken away to show the detailthereof.

FIG. 15 is an enlarged exploded perspective view of a third embodimentof a bone screw assembly according to the invention including a shank, aretainer, a compression insert and a receiver and shown with acooperating longitudinal connecting member and a cooperating closuretop.

FIG. 16 is an enlarged and partial side elevational view of the bonescrew assembly of FIG. 15.

FIG. 17 is an enlarged and partial cross-sectional view taken along theline 17-17 of FIG. 16.

FIG. 18 is an enlarged and partial perspective view of the bone screwassembly of FIG. 15 with portions broken away to show the detailthereof.

FIG. 19 is an enlarged top plan view of the compression insert of FIG.15.

FIG. 20 is an enlarged front elevational view of the compression insertof FIG. 15.

FIG. 21 is an enlarged bottom plan view of the compression insert ofFIG. 15.

FIG. 22 is a cross-sectional view taken along the line 22-22 of FIG. 20.

FIG. 23 is an enlarged and partial side elevational view of a fourthembodiment of a bone screw assembly according to the invention.

FIG. 24 is an enlarged and partial cross-sectional view taken along theline 24-24 of FIG. 23 showing a shank, a retainer, a compression insertand a receiver of the assembly of FIG. 23.

FIG. 25 is an enlarged rear elevational view of an alternativeembodiment of the retainer of FIG. 1 shown in FIG. 9.

DETAILED DESCRIPTION OF THE INVENTION

As required, detailed embodiments of the present invention are disclosedherein; however, it is to be understood that the disclosed embodimentsare merely exemplary of the invention, which may be embodied in variousforms. Therefore, specific structural and functional details disclosedherein are not to be interpreted as limiting, but merely as a basis forthe claims and as a representative basis for teaching one skilled in theart to variously employ the present invention in virtually anyappropriately detailed structure. It is also noted that any reference tothe words top, bottom, up and down, and the like, in this applicationrefers to the alignment shown in the various drawings, as well as thenormal connotations applied to such devices, and is not intended torestrict positioning of the bone attachment structures in actual use.

With reference to FIGS. 1-10, the reference numeral 1 generallydesignates a polyaxial bone screw assembly according to the presentinvention. The assembly 1 includes a shank 4 that further includes abody 6 integral with an upper portion or capture structure 8; a head orreceiver 10; a retainer 12 illustrated as an open collar-like retainingand articulating structure; and a compression insert 14. The shank 4,head or receiver 10, retainer 12 and insert 14 are assembled prior toimplantation of the shank body 6 into a vertebra 15.

FIG. 1 also shows a closure structure or top 18 for capturing alongitudinal connecting member within the head or receiver 10, such as arod 21 having an outer cylindrical surface 22. Upon installation, whichwill be described in detail below, the closure top 18 presses againstthe rod 21 that in turn presses against the insert 14 that pressesagainst the shank upper portion 8 which presses the retainer 12 intofixed frictional contact with the receiver 10, so as to fix the rod 21relative to the bone screw 1 and thus to adjacent vertebrae. Thereceiver 10 and shank 4 cooperate in such a manner that the receiver 10and shank 4 can be secured at any of a plurality of angles,articulations or rotational alignments relative to one another andwithin a selected range of angles both from side to side and from frontto rear, to enable flexible or articulated engagement of the receiver 10with the shank 4 until both are locked or fixed relative to each other.

The bone screw shank 4, best illustrated in FIGS. 1 and 3, is elongate,with the shank body 6 having a helically wound bone implantable thread25 extending from near a neck 26 located adjacent to the upper portion 8to near a tip 28 of the body 6 and extending radially outwardlytherefrom. During use, the body 6 utilizing the thread 25 for grippingand advancement is implanted into a vertebra (not shown) leading withthe tip 28 and driven down into the vertebra with an installation ordriving tool (not shown), so as to be implanted in the vertebra to nearthe neck 26. The shank 4 has an elongate axis of rotation generallyidentified by the reference letter A.

The neck 26 extends axially upwardly from the shank body 6. Furtherextending axially from the neck 26 is the shank upper portion or capturestructure 8 that provides a connective or capture apparatus disposed ata distance from the thread 25 and thus at a distance from the vertebra(not shown) when the body 6 is implanted in such vertebra. The shankupper portion 8 is configured for connecting the shank 4 to the receiver10 and capturing the shank 4 in the receiver 10. The shank upper portion8 has an outer, convex and substantially spherical surface 30 thatextends outwardly and upwardly from the neck 26 and terminates at a top32. The illustrated top 32 is substantially planar and disposedperpendicular to the axis A. The spherical surface 30 has an outerradius configured for sliding cooperation and ultimate frictional matingwith a concave surface of the retainer 12 that has a substantiallysimilar radius. The spherical surface 30 is smooth, but it is foreseenthat such surface may include a roughened or textured surface or surfacefinish, or may be scored, knurled, or the like, for enhancing frictionalengagement with the retainer 12. A counter sunk drive feature 34 isformed in the top 32 (shown as a hexagonal aperture). In operation, adriving tool (not shown) engages the feature 34 for driving the shankbody 6 into bone. The drive feature 34 may take a variety oftool-engaging forms and may include one or more apertures or imprints ofvarious shapes, such as a pair of spaced apart apertures or amulti-lobular aperture, such as those sold under the trademark TORX orthe like. It is foreseen that in some embodiments, the bone screw shankupper portion may have an external tool engagement structure.

The illustrated shank 4 is cannulated, having a small central bore 35extending an entire length of the shank 4 along the axis A, coaxial withthe threaded body 6. The bore 35 has a first circular opening at theshank tip 28 and a second circular opening at the drive feature 34. Thebore 35 provides a passage through the shank 4 interior for a length ofwire (not shown) inserted into a vertebra (not shown) prior to theinsertion of the shank body 6, the wire providing a guide for insertionof the shank body 6 into the vertebra.

To provide a biologically active interface with the bone, the threadedshank body 6 may be coated, perforated, made porous or otherwisetreated. The treatment may include, but is not limited to a plasma spraycoating or other type of coating of a metal or, for example, a calciumphosphate; or a roughening, perforation or indentation in the shanksurface, such as by sputtering, sand blasting or acid etching, thatallows for bony ingrowth or ongrowth. Certain metal coatings act as ascaffold for bone ingrowth. Bio-ceramic calcium phosphate coatingsinclude, but are not limited to: alpha-tri-calcium phosphate andbeta-tri-calcium phosphate (Ca₃(PO₄)₂, tetra-calcium phosphate(Ca₄P₂O₉), amorphous calcium phosphate and hydroxyapatite(Ca₁₀(PO₄)₆(OH)₂). Coating with hydroxyapatite, for example, isdesirable as hydroxyapatite is chemically similar to bone with respectto mineral content and has been identified as being bioactive and thusnot only supportive of bone ingrowth, but actively taking part in bonebonding.

With reference to FIGS. 1-4, the receiver 10 has a generally U-shapedappearance with a discontinuous partially cylindrical and partiallyspherical inner profile and a partially curved and partially facetedouter profile. The receiver has an axis of rotation B that is shown inFIG. 1 as being aligned with and the same as the axis of rotation A ofthe shank 4, such orientation being desirable during assembly of thereceiver 10 with the shank 4, the retainer 12 and the insert 14. Afterthe receiver 10 is pivotally attached to the shank 4, and the assembly 1is implanted in a vertebra (not shown), the axis B is typically disposedat an angle with respect to the axis A.

The receiver 10 includes a base 40 integral with a pair of opposedupstanding arms 42 forming a cradle and defining a U-shaped channel 44between the arms 42 with an upper opening 46 and a lower seat 48, thechannel 44 having a width for receiving the rod 21, for operably snuglyreceiving the rod 21 between the arms 42. Each of the arms 42 has aninterior surface 50 that defines the inner cylindrical profile andincludes a partial helically wound guide and advancement structure 52.In the illustrated embodiment, the guide and advancement structure 52 isa partial helically wound interlocking flangeform configured to mateunder rotation with a similar structure on the closure structure 18, asdescribed more fully below. However, it is foreseen that the guide andadvancement structure 52 could alternatively be a square-shaped thread,a buttress thread, a reverse angle thread or other thread like ornon-thread like helically wound discontinuous advancement structure foroperably guiding under rotation and advancing the closure structure 18downward between the arms 42, as well as eventual torquing when theclosure structure 18 abuts against the rod 21.

An opposed pair of tool receiving and engaging apertures 54 are formedon outer surfaces 56 of the arms 42. A pair of substantially cylindricalinner surfaces 58 define the apertures 54, with a portion of each of theapertures 54 extending through the arms 42 as best illustrated in FIG.2. With particular reference to FIGS. 3 and 4, a pair of tabs 60, eachhaving a lower end or body portion 62 integral with a respective arm 42at a lower portion of one of the cylindrical surfaces 58, and an upperend 64 extending upwardly and inwardly from the respective lower bodyportion 62, the tab 60 generally directed towards the guide andadvancement structure 52 of the respective arm 42 and also toward theaxis B. As shown in FIGS. 1, 3 and 4, an operational orientation of eachof the tabs 60 is angled toward the axis B with an inner surface 68 oredge 69 of the upper end 64 in sliding engagement with a slot in thecooperating insert 14 as will be described in greater detail below. Thetabs 60 are typically initially disposed parallel to the axis B and thena tool (not shown) is inserted into the aperture 54 from the outsidesurface 56 and engages and pushes a surface 66 of the tab 60 and bendsthe tab 60 inwardly in a direction toward the axis B until the tab 60 isat the illustrated desired angular position. Such bending of the tabs 60may be performed either prior to or after assembly of the receiver 10with the insert 14, the shank 4 and the retainer 12. It is also foreseenthat the tabs 60 may be machined or otherwise pre-fabricated to beangled or directed toward the axis B as is shown in the drawing figures.The illustrated tabs 60 are resilient, having a spring-like nature.Thus, when operatively cooperating with the insert 14, the tabs 60 biasagainst the insert 14, holding such insert in a desired position and yetthe tabs 60 are flexible enough to allow a user to make desiredadjustments of the position of the insert 14 within the receiver 10.

Each of the illustrated receiver arms 42 also includes a V-shaped orundercut tool engagement groove 76, formed on outer surfaces thereofwhich may be used for holding the receiver 10 with a holding tool (notshown) having projections that are received within the grooves 76 duringimplantation of the shank body 6 and/or during subsequent installationof the rod 21 or other longitudinal connecting member and the closurestructure 18. It is foreseen that tool receiving grooves or aperturesmay be configured in a variety of shapes and sizes and be disposed atother locations on the receiver arms 42.

Communicating with the U-shaped channel 44 of the receiver 10 is achamber or cavity 80 defined in part by a substantially cylindricalupper portion 82 and by a lower inner substantially spherical seatingsurface 84 of the base 40. The upper portion 82 is located below theguide and advancement structures 52 and may include one or morecylindrical surfaces for sliding cooperation with an insert or inserts.As illustrated in FIG. 3, the cylindrical upper portion 82 may include alower section or portion 85 having a larger diameter than a remainder ofthe portion 82, the portion 85 located adjacent to the spherical seat 84and providing clearance for movement of the retainer 12, including anexpanding or spreading movement thereof during attachment with the shankupper portion 8 and for swiveling the retainer 12 to a desiredorientation after assembly of the bone screw 1. The apertures 54 and thetabs 60 communicate with the cylindrical upper portion 82. The seatingsurface 84 is near or adjacent to the cylindrical portion 82. Theseating surface 84 is sized and shaped for slidable mating and eventualfrictional engagement with the retainer 12, as described more fullybelow. The cavity 80 opens into the U-shaped channel 44 and also to alower neck 86 defining a bore or circular opening that communicates witha lower exterior 88 of the base 40. The circular neck 86 is coaxiallyaligned with the rotational axis B of the receiver 10. The neck 86 issized and shaped to be smaller than an outer radial dimension of theopen, uncompressed retainer 12, as will be discussed further below, soas to form a restriction at the location of the neck relative to theretainer 12, to prevent the uncompressed retainer 12 from passing fromthe cavity 80 and out to the lower exterior 88 of the receiver 10 whenthe retainer 12 is seated and loaded.

With reference to FIGS. 1, 3, 4 and 8-10, the partially spherical anddiscontinuous or open retainer 12 that both retains and articulates isused to hold the spherically surfaced 30 upper portion 8 of the shank 4within the receiver 10 and is also independently slidably and pivotallyengageable with both the shank upper portion 8 at the surface 30 and thereceiver 10 at the seating surface 84. The retainer 12 has anoperational central axis C that may be the same or different from theaxis A associated with the shank 4, or the axis B associated with thereceiver 10 when the shank upper portion 8 and the retainer 12 areinstalled within the receiver 10. The retainer 12 has a central channelor through bore substantially defined by a discontinuous inner partiallyspherical surface 90. The surface 90 extends from a substantially planarannular top 92 to an inner neck 94 disposed near a substantially planarannular bottom surface 96. An inner chamfer 98 runs between the neck 94and the bottom surface 96. The inner spherical surface 90 has a radiussized and shaped to cooperate with a radius of the substantiallyspherical surface 30 of the shank upper portion 8 such that the surface90 slidingly and pivotally mates with the spherical surface 30. Thesurface 90 may include a roughening or surface finish to aid infrictional contact between the surface 90 and the surface 30, once adesired angle of articulation of the shank 4 with respect to theretainer 12 and also with respect to the receiver 10 is reached.

The resilient retainer 12 includes first and second end surfaces, 100and 101 disposed in spaced relation to one another and a discontinuousouter partially spherically shaped surface 102. Both end surfaces 100and 101 are disposed substantially perpendicular to the top surface 92and the bottom surface 96. A width of the space between the surfaces 100and 101 is determined to provide adequate space for the retainer 12 tobe pinched, with the surfaces 100 and 101 compressed toward one anotherto an almost touching or touching configuration, to an extent that thecompressed retainer 12 is up or bottom loadable into the receiver cavity80 being received within the lower neck 86 opening of the receiver 10while mounted on the neck 26 of the bone screw shank body 6. Afterpassing through the bore defined by the lower neck 86 of the receiver 10simultaneously with the shank upper portion 8, the retainer 12 expandsor springs back to an original uncompressed, rounded or collar-likeconfiguration of FIG. 1 once in the cavity 80. The retainer 12 is thenexpanded about the shank upper portion spherical surface 30 as will bedescribed in greater detail below. Then, once the resilient structure 12returns to an original form, but now surrounding the spherical structure30, the engaged structures 8 and 12 are movable together within thecavity 80 at the spherical seat 84 to a variety of positions in whichthe surface 102 of the retainer 12 is in slidable mating engagement withthe seating surface 84 of the receiver 10.

The illustrated embodiment of the retainer 12 shows the surfaces 100 and101 as substantially parallel and vertical, however, in otherembodiments according to the invention, such as the retainer 12′ shownin FIG. 25, opposing surfaces 100′ and 101′ are oriented obliquely or ata slight angle with respect to top and bottom surfaces thereof,advantageously allowing for the surfaces 100′ and 101′ to slide and rideup upon one another during assembly with the other components of theassembly 1, allowing for greater compression of the retainer 12′ withoutincreasing the space between the surfaces 100′ and 101′ when theretainer 12′ is in an uncompressed state. Depending upon the amount ofcompression desired during loading of the retainer 12′ into the receiver10, the oblique angle may be modified. The retainer 12′ is otherwiseidentical or substantially similar to the retainer 12 in form andfunction. Furthermore, the illustrated embodiment 12 and 12′ include anouter groove 104 and 104′, respectively, that may be needed in someinstances for clearance within the receiver 10 when the retainer 12 or12′ is expanded about the spherical surface 30 of the shank upperportion 8. Also, other embodiments according to the invention,particularly smaller bone screw assemblies, may include retainers smallenough to top load into the receiver channel upper opening 46, ratherthan loading through the receiver neck 86.

With reference to FIGS. 1, 3 and 4, the compression member or insert 14is sized and shaped to be received by and uploaded into the receiver 10at the lower neck 86. In operation, the insert 14 is disposed betweenthe rod 21 and the upper portion 8 of the bone screw 4 as illustratedfor example in FIGS. 3 and 4. When the closure structure 18 presses uponthe rod 21, the rod 21 operatively presses upon the insert 14 that inturn presses upon the shank upper portion 8 that in turn presses againstthe retainer 12 that in turn presses against the seating surface 84 ofthe receiver 10, resulting in ultimate frictional engagement and lockingof the angular position of the bone screw shank 4 with respect to thereceiver 10. The compression insert 14 has an operational central axis Dthat is the same as the central axis B of the receiver 10.

With particular reference to FIGS. 5-7, the compression insert 14 has acentral channel or through bore substantially defined by a an innercylindrical surface 110 and an inner partially spherical surface 112,both having the central axis D. The compression insert 14 through boreis sized and shaped to receive a driving tool (not shown) therethroughthat engages the shank drive feature 34 when the shank body 6 is driveninto bone. The surface 112 is sized and shaped to cooperate with thespherical surface 30 of the shank upper portion 8 such that the surface112 slidingly and pivotally mates with the spherical surface 30. Thesurface 112 may include a roughening or surface finish to aid infrictional contact between the surface 112 and the surface 30, once adesired angle of articulation of the shank 4 with respect to theretainer 12 and the receiver 10 is reached.

The compression insert 14 also includes a pair of arms 114 with aU-shaped surface or saddle 116 formed therebetween. The saddle 116defines a U-shaped channel that communicates with the bore defined bythe cylindrical surface 110 and the spherical surface 112. The curvedsurface or saddle 116 is sized and shaped to closely receive thecylindrical rod 21. With reference to the axis D, the saddle 116 extendsfrom top surfaces 118 of the arms to a curved lower seat 120 near abottom surface 122 of the insert 114. In operation, the lower seat 129(as well as a substantial portion of a remainder of the saddle 116)frictionally engages the surface 22 of the rod 21.

A base having a cylindrical surface 124 is disposed between the saddle116 and the bottom surface 122. The cylindrical surface 124 also extendsabout the arms 114. Formed in the surface 124 and located centrally withrespect to each arm 114 is a shallow groove 126. Each groove 126 isU-shaped and runs from the respective top surface 118 to a curved bottom128 located approximately centrally between the top surface 118 and thebottom surface 122. The grooves 126 are sized and shaped to cooperatewith the tabs 60 of the receiver 10 as will be described in greaterdetail below. Thus, although the grooves 126 may be of any shape, thegrooves 126 preferably are elongate, running parallel to the axis D andhave a width that receives the respective tab 60 within such groove. Thebottom surface 122 includes a substantially planar and annular centralportion 130 disposed perpendicular to the axis D. The bottom portion 130extends about the bore defined by the inner spherical surface 112. Thebottom surface 122 further includes an outer planar and annular surfaceportion 132 disposed at an angle with respect to the surface portion130. The surface portion 132 angles upwardly (toward the top surfaces118) and outwardly (away from the axis D) from the surface 130. As shownin FIG. 3, the surface portion 132 provides clearance for articulatedmovement of the retainer 12 and the bone screw shank 4.

The compression or pressure insert 14 ultimately seats on the shankupper portion 8 and is disposed substantially in the upper cylindricalportion 82 of the cavity 80, with the tabs 60 holding the insert 14 indesired alignment with respect to the rod 21 as will be described ingreater detail below. In operation, the insert 14 extends at leastpartially in the channel 44 such that the saddle 116 surfacesubstantially contacts and engages the outer surface 22 of the rod 21when such rod is placed in the receiver 10 and the closure structure ortop 18 is tightened therein.

With reference to FIGS. 1 and 4, the closure structure or closure top 18can be any of a variety of different types of closure structures for usein conjunction with the present invention with suitable mating structureon the upstanding arms 42. In the embodiment shown, the closure top 18is rotatably received between the spaced arms 42, but could be aslide-in closure structure. The illustrated closure structure 18 issubstantially cylindrical and includes an outer helically wound guideand advancement structure 142 in the form of a flange form that operablyjoins with the guide and advancement structure 52 disposed on the arms42 of the receiver 10. The flange form utilized in accordance with thepresent invention may take a variety of forms, including those describedin Applicant's U.S. Pat. No. 6,726,689, which is incorporated herein byreference. It is also foreseen that according to the invention theclosure structure guide and advancement structure could alternatively bea buttress thread, a square thread, a reverse angle thread or otherthread like or non-thread like helically wound advancement structure foroperably guiding under rotation and advancing the closure structure 18downward between the arms 42 and having such a nature as to resistsplaying of the arms 42 when the closure structure 18 is advanced intothe U-shaped channel 44. The illustrated closure structure 18 alsoincludes a top surface 144 with an internal drive 146 in the form of anaperture that may be a hex drive, or as illustrated, a star-shapedinternal drive, for example, sold under the trademark TORX or otherinternal drives such as slotted, tri-wing, spanner, two or moreapertures of various shapes, and the like. A driving tool (not shown)sized and shaped for engagement with the internal drive 146 is used forboth rotatable engagement and, if needed, disengagement of the closure18 from the receiver arms 42. It is also foreseen that the closurestructure 18 may alternatively include a break-off head designed toallow such a head to break from a base of the closure at a preselectedtorque, for example, 70 to 140 inch pounds. Such a closure structurewould also include a base having an internal drive to be used forclosure removal. A bottom surface 148 of the closure may be planar orinclude a point, points, a rim or roughening for engagement with thesurface 22 of the rod 21. The illustrated closure top 18 furtherincludes a cannulation through bore 150 extending along a central axisthereof and through the top surface 144 and the bottom surface 148. Sucha through bore provides a passage through the closure 18 interior for alength of wire (not shown) inserted therein to provide a guide forinsertion of the closure top into the receiver arms 42.

Prior to the polyaxial bone screw assembly 1 being placed in useaccording to the invention the tabs 60 of the receiver 10 are preferablybent inwardly toward the axis B as shown in FIGS. 1, 2 and 4. This isaccomplished by inserting an elongate tool (not shown) into each of thetooling apertures 54 and pressing the respective tab 60 inwardly towardthe axis B until the tab end 64 is disposed at least partially withinthe upper cylindrical portion 82 of the cavity 80. It is noted thatalternatively, in some embodiments according to the invention, the tabs60 are bent inwardly toward the axis B after the pressure insert 14 islocated in the cylindrical portion 82 of the cavity 80. For example, ifthe insert 14 is top loaded through the opening 46 of the receiver 10,it may be desirable to first load the insert 14 into the receiver, alignthe grooves 126 with the tabs 60 and then press the tabs 60 until suchtabs come into frictional engagement with surfaces of the receiver 14disposed within the shallow grooves 126.

Also prior to the polyaxial bone screw assembly 1 being placed in useaccording to the invention, the retainer 12 is first inserted about theneck 26 of the shank body 6 by inserting the shank tip 28 into theretainer 12 through bore defined by the inner surface 90 and feeding theshank body 6 therethrough until the retainer 12 is located at the neck26. Alternatively, in certain embodiments, the retainer 12 is placednear the neck 26 and the end surfaces 100 and 101 are pulled away fromone another and pressed against and about the neck 26 until the surfaces100 and 101 expand around the neck 26 and then spring back into anoriginal or first position with the inner surface 90 disposed adjacentto the neck 26 and the top surface 92 facing toward the sphericalsurface 30 of the shank upper portion 8.

In the illustrated embodiment, prior to inserting the shank 4 andconnected retainer 12 into the receiver 10, the compression insert 14 isup or bottom loaded into the receiver 10 through the lower neck 86 withthe saddle 116 facing the neck 86 and the arms 114 aligned with the tabs60. The insert 14 is then moved upwardly through the lower seat 84 ofthe receiver 10 and into the cylindrical portion 82 of the cavity 80. Asthe insert 14 is moved upwardly into the cylindrical portion 82, each ofthe tabs 60 are received in a groove 126. The tabs 60 press against theinsert 14 at the grooves 126, allowing for some upward and downwardadjustment of the insert 14. However, rotation of the insert 14 aboutthe axis B is prohibited by the tabs 60 abutting against surfacesforming the grooves 126. Surfaces defining the lower curved portion 128of the grooves 126 also prohibit the tabs 60 from sliding along theouter cylindrical surface 124 of the insert 14, thus resisting upwardmovement of the insert 14 out of the receiver 10.

In certain embodiments, it may be desirable to place the compressioninsert 14 on the shank upper portion 8 with the spherical surface 112seated on the surface 30 of the shank upper portion 8 and then uploadthe insert 14 simultaneously with the shank upper portion 8 and theretainer 12. The upper portion 8 and the connected retainer 12 aresimultaneously up or bottom-loaded into the receiver cavity 80 byinserting the upper portion 8 through the lower neck 86 and into thecavity 80 lower seat portion 84 and manually compressing the retainer 12by pinching the surfaces 100 and 101 toward one another and insertingthe neck 26 and the compressed retainer 12 into the bore formed by thelower neck 86 of the receiver 10. After the retainer 12 moves beyond theneck 86, the compressive force is removed and the retainer 12resiliently springs back and returns to the original ring-like orcollar-like orientation, capturing the shank upper portion 8 within thereceiver 10. Then, the shank body 6 is pulled downwardly away from thebase 40 of the receiver 10, forcing the retainer 12 to temporarilyexpand as the retainer 12 moves along the spherical surface 30 of theshank upper portion 8 with the end surfaces 100 and 101 moving away fromone another. Such an expansion of the retainer 12 allows the sphericalsurface 30 to slide or snap into the retainer 12 with the sphericalsurfaces 30 and 90 becoming aligned and the shank upper portion 8ultimately in sliding cooperation with the inner surface 90 of theretainer 12. The retainer 12 thus resiliently returns to the originalring-link orientation, with the spherical surface 90 capturing the shankupper portion 8 at the spherical surface 30, but allowing for pivotalmovement or articulation of the shank upper portion 8 with respect tothe retainer 12. Once the retainer 12 returns to the originalorientation, both the connected structures 8 and 12 drop down to aseated position at the spherical surface 84 of the receiver 10, with theretainer 12 being independently slidable with respect to both the shankupper portion 8 and the receiver 10, forming a multi- or compoundarticulation or joint between the shank 4 and the receiver 10. Thecompression insert 14 may then be pressed downwardly and into fullcontact with the surface 30.

The retainer 12 and the attached shank upper portion 8 may then bemanipulated into a substantially coaxial position with the insert 14 inreadiness for bone implantation. The assembly 1 is typically screwedinto a bone, such as a vertebra (not shown), by rotation of the shank 4using a driving tool (not shown) that operably drives and rotates theshank 4 by engagement thereof with the drive feature 34.

Typically, the receiver 10, the compression or pressure insert 14, andthe retainer 12 are assembled on the shank 4 before inserting the shankbody 6 into a vertebra. However, in certain circumstances, such as whena small bone screw is utilized and the retainer is top loadable, theshank body 6 can be first partially implanted with the shank upperportion 8 extending proud to allow assembly with the receiver 10,followed by assembly with a top loaded retainer 12 and a top loadedcompression insert 14. Then the shank body 6 can be further driven intothe vertebra.

The vertebra (not shown) may be pre-drilled to minimize stressing thebone and have a guide wire (not shown) inserted to provide a guide forthe placement and angle of the shank 4 with respect to the vertebra. Afurther tap hole may be made using a tap with the guide wire as a guide.Then, the bone screw assembly 1 or the solitary shank 4, is threadedonto the guide wire utilizing the cannulation bore 35 by first threadingthe wire into the opening at the bottom 28 and then out of the topopening at the drive feature 34. The shank 4 is then driven into thevertebra using the wire as a placement guide. It is foreseen that thebone screw assemblies 1, the rod 21 (also having a central lumen in someembodiments) and the closure top 18 can be inserted in a percutaneous orminimally invasive surgical manner, utilizing guide wires.

With reference to FIG. 4, the rod 21 is eventually positioned in an openor percutaneous manner in cooperation with the at least two bone screwassemblies 1. Alignment of the rod surface 22 with the saddle 116 of theinsert 14 is initially provided and then maintained by pressure placedat the insert grooves 126 by the tabs 60. A closure structure 18 is theninserted into and advanced between the arms 42 of each of the bone screwassemblies 1. The closure structure 18 is rotated, using a tool engagedwith the inner drive 146 until a selected pressure is reached at whichpoint the rod 21 engages the saddle 116 and the rod is urged toward, butnot in contact with the lower seat 48 of the receiver 10 that definesthe U-shaped channel 44. For example, about 80 to about 120 inch poundspressure may be required for fixing each bone screw shank 7 with respectto the receiver 10.

As each closure structure 18 rotates and moves downwardly into therespective receiver 10, the bottom surface 148 presses against the rodsurface 22, biasing the rod into engagement with the compression insert14 that operably produces a frictional engagement between the insertsurface 112 and the shank surface 30 and also urges the shank upperportion 8 toward the retainer 12 and, in turn, the structure 12 in adirection toward the base 40 of the receiver 10, so as to frictionallyseat the spherical surface 30 against the inner spherical surface 90 ofthe retainer 12 and the outer spherical surface 102 of the retainer 12against the internal spherical seating surface 84 of the receiver 10,also fixing the shank 4 and the retainer 12 in a selected, rigidposition relative to the receiver 10. At this time it is also possiblefor the retainer 12 to expand somewhat for an even tighter fit in thereceiver cavity lower seat 84.

If removal of the rod 21 from any of the bone screw assemblies 1 isnecessary, or if it is desired to release the rod 21 at a particularlocation, disassembly is accomplished by using the driving tool (notshown) that mates with the internal drive 146 on the closure structure18 to rotate and remove the closure structure 18 from the cooperatingreceiver 10. Disassembly is then accomplished in reverse order to theprocedure described previously herein for assembly.

With reference to FIGS. 11-14, an alternative bone screw assembly of theinvention, generally 201 includes a shank 204 that further includes abody 206 integral with an upper portion or capture structure 208; a heador receiver 210; a retainer 212 illustrated as an open collar-likeretaining and articulating structure; and a compression insert 214. Theshank 204, the retainer 212 and the insert 214 are identical orsubstantially similar to the respective shank 4, retainer 12 and insert14 previously described herein. The assembly 201 also cooperates withthe rod 221 and a closure top 218 that are the same or similar to therespective rod 21 and closure top 18 previously described herein. Thereceiver 210 is substantially similar to the receiver 10 with theexception of the orientation of spring tabs 260 that are otherwisesubstantially similar to the tabs 60 previously described herein withrespect to the assembly 1. Similar to the previous discussion withrespect to the assembly 1, the tabs 260 of the receiver 210, like thetabs 60 of the receiver 10, press against shallow grooves formed on anoutside surface of the insert 214, keeping a saddle or curved surface ofthe insert 212 in a desired alignment to receive and ultimatelyfrictionally engage the rod 221 along a substantial surface of thesaddle. The insert may also have a flat outer surface instead of shallowgrooves.

Because the illustrated assembly 201 only differs from the assembly 1with respect to the tabs 260 of the receiver 210, only relevant portionsof the receiver 210 will be described in greater detail here: Thereceiver 210 includes a base 240 integral with a pair of opposedupstanding arms 242 forming a cradle and defining a U-shaped channel 244between the arms 242 with an upper opening 246 and a lower seat 248, thechannel 244 having a width for receiving the rod 221, for operablyreceiving the rod 221 between the arms 242. Each of the arms 242 has aninterior surface 250 that defines the inner cylindrical profile disposedabout a central axis G and includes a partial helically wound guide andadvancement structure 252. In the illustrated embodiment, the guide andadvancement structure 252 is a partial helically wound interlockingflangeform configured to mate under rotation with a similar structure onthe closure structure 218. However, it is foreseen that the guide andadvancement structure 252 could alternatively be a square-shaped thread,a buttress thread, a reverse angle thread or other thread like ornon-thread like helically wound discontinuous advancement structure foroperably guiding under rotation and advancing the closure structure 218downward between the arms 242, as well as eventual torquing when theclosure structure 218 abuts against the rod 221.

An opposed pair of tool receiving and engaging apertures 254 are formedon outer surfaces 256 of the arms 242. A pair of substantiallycylindrical inner surfaces 258 define the apertures 254, with a portionof each of the apertures 254 extending through the arms 242 as bestillustrated in FIG. 12. With particular reference to FIGS. 11, 13 and14, the pair of tabs 260, each having an upper end or body portion 262integral with a respective arm 242 at an upper portion of one of thecylindrical surfaces 258, and a lower end 264 extending downwardly andeventually inwardly from the respective upper body portion 262 towardthe central axis G of the receiver 210. As shown in FIG. 14, anoperational orientation of each of the tabs 260 is angled toward thecentral axis G of the receiver with an inner surface 268 or edge 269 ofthe lower end 264 in sliding engagement with a slot 290 in thecooperating insert 214. As illustrated in FIGS. 11 and 13, the tabs 260are typically initially disposed parallel to the central axis of thereceiver 210. In the illustrated embodiment, the pressure insert 214,retainer 212 and bone screw shank 204 are first bottom loaded (or may betop loaded) into the receiver 210 in a manner as previously describedherein with respect to the assembly 1 and then a tool (not shown) isinserted into each aperture 254 from the outside surface 256 and engagesand pushes a surface 266 of the tab 260 and bends the tab 260 inwardlyin a direction toward the receiver central axis G until the tab 260 isat the illustrated desired angular position. Such bending of the tabs260 may also be performed prior to assembly of the receiver 210 with theinsert 214, shank 204 and retainer 212. In such an arrangement, theinsert 214 may be uploaded or downloaded into the receiver 210 with thesaddle portion thereof in alignment with the tabs 260. After the insert214 is in a desired axial position, the insert 214 is rotated about theaxis G with the tabs 260 being manipulated to press against the surface292. The insert 214 is rotated about the central axis G until the tabs260 snap into the grooves or depressions 290 (or engage flat surfaces).

It is foreseen that in another embodiment according to the invention,the insert 214 is sized and shaped for top loading into the opening 246of the receiver 210 and the tabs 260 are bent inwardly toward the axis Gprior to assembly of the receiver 210 with the insert 214 and the otherbone screw components. During assembly, after the insert 214 is loweredinto the receiver 210 and moved past the guide and advancement structure252, the outer surface 292 presses against the tabs 260, moving the tabs260 outwardly and away from one another. Then, when the edges 269 of thetabs 260 come into contact with the surface of the grooves 290, theresilient tabs 260 snap into such grooves, maintaining alignment of theinsert 214 and resisting any rotational movement of the insert 214 asthe insert 214 is lowered into place over the upper portion 208 of thebone screw shank 204.

It is also foreseen that the tabs 260 may be machined or otherwisepre-fabricated to be angled or directed toward the receiver central axisG. As indicated above, the illustrated tabs 260 are resilient, having aspring-like nature. Thus, when operatively cooperating with the insert214, the tabs 260 bias against the insert 214, holding such insert in adesired position. However, the tabs 260 are flexible enough to allow auser to make desired upward and downward adjustments of the position ofthe insert 214 within the receiver 210 with respect to the axis G.

With reference to FIGS. 15-21, a third embodiment of a bone screwassembly of the invention, generally 301 includes a shank 304 thatfurther includes a body 306 integral with an upper portion or capturestructure 308; a head or receiver 310; a retainer 312 illustrated as anopen collar-like retaining and articulating structure; and a compressioninsert 314. The shank 304, the receiver 310 and the retainer 312 aresubstantially similar to the respective shank 4, receiver 10 andretainer 12 previously described herein with respect to the assembly 1.The receiver 310 is sized and proportioned slightly differently than thereceiver 12 to cooperate with the insert 314. However, the receiver 310otherwise includes the same component parts previously described hereinwith respect to the receiver 10. In particular, the receiver 310includes a central axis H, a base 340, arms 342, a U-shaped channel 344,an interior surface with a guide and advancement structure 352, a pairof opposed apertures 354 upwardly and inwardly extending spring tabs360, and an inner cavity 380 identical or substantially similar to therespective central axis B, base 40, arms 42, U-shaped channel 44,interior surface with a guide and advancement structure 52, apertures54, upwardly and inwardly extending spring tabs 60 and inner cavity 80of the receiver 10 of the assembly 1. The assembly 301 also cooperateswith the rod 321 and a closure top 318 that are the same or similar tothe respective rod 21 and closure top 18 previously described herein.

The compression or pressure insert 314 functions substantially similarlyto the insert 14 previously described herein; however the insert 314 isof a different shape than the insert 14 and thus shall be described indetail herein.

The compression insert 314 is sized and shaped to be received by anduploaded into the receiver 310 at an opening into the cavity 380 at thebase 340. In operation, the insert 314 is disposed between the rod 321and the upper portion 308 of the bone screw shank 304. When the closurestructure 318 presses upon the rod 321, the rod operatively presses uponthe compression member 314 that in turn presses on the shank upperportion 308, but unlike the assemblies 1 and 101, the member 314 doesnot include a saddle. Therefore, rotational alignment of the rod 321with the insert 314 is not necessary. However, because of the compactcylindrical shape of the insert 314, there is a possibility of theinsert 314 becoming dislodged from a remainder of the assembly andundesirably moving up into the U-shaped channel 344 and out of the topof the receiver 310. Therefore, the receiver 310 equipped with springtabs 360 prohibit undesirable upward movement of the insert 314 out ofthe receiver 310.

With particular reference to FIGS. 19-21, the compression insert 314 hasan operational central axis that is the same as the central axis H ofthe receiver 310. The compression insert 314 has a central channel orthrough bore substantially defined by a an inner cylindrical surface 386and an inner partially spherical surface 388. The insert through bore issized and shaped to receive a driving tool (not shown) therethrough thatengages a shank internal drive feature formed in the upper portion 308when the shank is driven into bone. The surface 388 is sized and shapedto cooperate and mate with the spherical surface 330 of the shank upperportion 308 such that the surface 388 slidingly and pivotally mates withthe spherical surface 330. The surface 388 may include a roughening orsurface finish to aid in frictional contact between the surface 388 andthe surface 330, once a desired angle of articulation of the shank 304with respect to the retainer 312 and the receiver 310 is reached.

The compression insert 314 also includes a substantially planar topsurface 390, a bottom surface 392 and an outer cylindrical surface 394.An outer angled surface or chamfer 395 is disposed between and connectsthe top surface 390 with the outer cylindrical surface 394. Thecylindrical surface 394 is sized to be received within the cavity 380 ofthe receiver 310 and slidingly mate with a cylindrical inner surface 398partially defining the cavity 380. The inner surface 398 is disposeddirectly below and adjacent to the spring tabs 360. Thus, thecompression insert 314 ultimately seats on the shank upper portion 308and is disposed at least partially in the channel 344 such that thecompression insert 314 top surface 390 substantially contacts the rod321 when the rod is placed in the receiver 310 and the closure structure318 is tightened therein. With particular reference to FIG. 17, similarto the bottom surface 132 of the previously described insert 14, thebottom surface 392 of the insert 314 is sloped or angled to provideclearance for pivoting movement of the shank upper portion 308 and theretainer 312.

In operation, the tabs 360 may be bent inwardly toward the axis H beforeor after insertion of the insert 314 into the cavity 380, either by topor bottom loading. Preferably, the tabs 360 are initially bent inwardlytoward the axis H, followed by bottom loading of the insert 314 into thecavity 380 at the cavity opening at the base 340. The shank 304 and theretainer 312 are then bottom loaded in a manner similar to what has beenpreviously described herein with respect to the assembly 1. As bestillustrated in FIG. 18, the tabs 360 engage the insert 314 at or nearthe chamfer 395, prohibiting further upward movement of the insert 314into a remainder of the cavity 380. Eventually, the rod 321 and theclosure top 318 are assembled with the receiver 310 in the mannerdescribed previously herein with respect to the receiver 10, rod 21 andclosure top 18.

With reference to FIGS. 23 and 24, in a fourth embodiment according tothe invention, generally 401, a receiver 410 is substantially identicalto the receiver 310 of the assembly 301 with the exception that thespring tabs 360 are removed and replaced with a deformable materialportion 460. The assembly 401 otherwise includes a shank 404, a retainer412 and a compression insert 414 identical or substantially similar tothe shank 304, retainer 312 and compression insert 314 previouslydescribed herein with respect to the assembly 301. Formed on outsidesurfaces 456 of the receiver 410 are a pair of opposed apertures 457.Each deformable portion or wall 460 partially defines the respectiveaperture 457. A tool (not shown) is inserted into the aperture and ispressed against the deformable portion 460, causing the portion 460 toextend into a cavity 480 of the receiver 410 in a direction towards acentral axis J. Similar to the spring tabs 360, the now deformed wallportions 460 abut against and prohibit upward movement of the insert 414and thus desirably retain the insert 414 in the cavity 480. If, asillustrated, the insert 414 is uploadable into the cavity 480 from anopening in the base 440 thereof, the portions 480 are preferablydeformed prior to insertion of the insert 414 into the receiver 410. Itis foreseen that in downloaded embodiments, the portions 480 may bedeformed after downloading of the insert 414 into the cavity 480.

It is to be understood that while certain forms of the present inventionhave been illustrated and described herein, it is not to be limited tothe specific forms or arrangement of parts described and shown.

What is claimed and desired to be secured by Letters Patent is asfollows:
 1. A polyaxial bone screw assembly comprising: a) a bone screwshank having an upper portion; b) a receiver having a cavity, the bonescrew upper portion being receivable in the cavity; c) a retaining andarticulating structure receivable in the cavity between the shank upperportion and the receiver, the retaining and articulating structure beingunattached to both the shank and the receiver so as to be freely movablerelative to both the shank and the receiver during positioning of theshank relative to the receiver; d) a compression insert disposed in thereceiver during final positioning of the shank to lock the shank inplace, the insert having a depression formed in an outer surface thereofand having a mating surface exclusively frictionally engageable with thebone screw upper portion, wherein the insert is spaced from theretaining and articulating structure; and e) resilient structureextending from the receiver and biasing against the compression insertat the depression thereof, the resilient structure resisting rotationalmovement of the compression insert within the receiver to maintain adesired alignment of the insert with the receiver, while allowing forupward and downward movement of the insert with respect to the receiver.2. The assembly of claim 1 wherein the compression insert mating surfaceis concave and the bone screw upper portion is convex.
 3. The assemblyof claim 1 wherein the shank upper portion has a convex surface and theretaining and articulating structure has a concave surface in slidablemating engagement with the convex surface.
 4. The assembly of claim 3wherein the concave and convex surfaces are substantially spherical. 5.The assembly of claim 1 wherein the retaining and articulating structurehas a convex surface and the receiver has a concave surface in slidablemating engagement with the convex surface.
 6. The assembly of claim 5wherein the concave and convex surfaces are substantially spherical. 7.The assembly of claim 1 wherein the shank upper portion has a toolengagement formation formed thereon adapted for non-slip engagement by atool for driving the bone screw shank into bone.
 8. The assembly ofclaim 7 wherein the tool engagement formation is a substantially hexshaped inner drive.
 9. The assembly of claim 1 wherein the retaining andarticulating structure is sized and shaped to be at least one oftop-loadable and bottom-loadable into the receiver.
 10. The assembly ofclaim 1 wherein the retaining and articulating structure furthercomprises first and second spaced ends, the retaining and articulatingstructure being compressible and expandible expandable with the firstand second ends being movable toward and away from one another.
 11. Theassembly of claim 10 wherein the retaining and articulating structurehas a central axis, the first and second ends each being substantiallyplanar surfaces running substantially parallel to the axis.
 12. Theassembly of claim 10 wherein the retaining and articulating structurehas a central axis, the first and second ends each being substantiallyplanar surfaces running at an angle oblique to the axis.
 13. Theassembly of claim 1 wherein the bone screw shank is cannulated.
 14. Theassembly of claim 1 wherein a) the bone screw shank has a body forfixation to bone, the shank body being integral with the shank upperportion; and b) the assembly further comprising a closure structureinsertable into the receiver, the closure structure for operably urgingthe insert into frictional engagement with the bone screw shank upperportion and moving the shank in a direction to frictionally lock theposition of the retaining and articulating structure with respect to theshank upper portion and the receiver, thereby locking the shank body ina selected angle with respect to the receiver.
 15. The assembly of claim14 wherein: (a) the receiver has upstanding spaced arms defining an openchannel, the arms having guide and advancement structures on an insidesurface thereof; and (b) the closure structure is sized and shaped to bepositionable between the arms for closing the channel, the closurestructure having a closure guide and advancement structure for rotatablymating with the guide and advancement structures on the arms, biasingthe closure structure upon advancement rotation against a longitudinalconnecting member disposed in the channel.
 16. The assembly of claim 1wherein the resilient structure is a pair of opposed spring tabsattached to the receiver and extending toward a central axis of thereceiver.
 17. The assembly of claim 16 wherein the spring tabs areintegral with the receiver.
 18. The assembly of claim 16 wherein thespring tabs are directed upwardly toward a top opening of the receiver.19. The assembly of claim 16 wherein the spring tabs are directeddownwardly toward a base of the receiver.
 20. The assembly of claim 1wherein the insert depression is a shallow groove.
 21. The assembly ofclaim 1 wherein the insert depression is a flat surface.
 22. Theassembly of claim 1 wherein the insert is one of top and bottom loaded.23. In a polyaxial bone screw assembly for surgical implantation andincluding a shank and a threaded body for inserting into a bone and areceiver having a channel for receiving a longitudinal connecting memberwithin the channel, the improvement wherein: a) the shank has a firstcurvate surface at an upper end thereof and is pivotally engaged with aninterior surface of the receiver; and further comprising: b) anarticulation structure located between the shank upper end and thereceiver, the articulation structure having a second curvate surface andan opposed third curvate surface, the articulation structure being inslidable engagement with receiver at the second curvate surface, thearticulation structure third curvate surface being in slidableengagement with the shank upper end first curvate surface, thearticulation structure being freely movable relative to both the shankand the receiver during positioning of the shank relative to thereceiver; c) a compression insert having a fourth curvate surface inslidable engagement with the shank first curvate surface, the insertbeing spaced from the articulating structure, and the insert having adepression formed in an outer surface thereof; and d) resilientstructure extending from the receiver and biasing against thecompression insert at the depression thereof, the resilient structureresisting rotational movement of the compression insert within thereceiver to maintain a desired alignment of the insert with thereceiver, while allowing for upward and downward movement of the insertwith respect to the receiver.
 24. The improvement of claim 23 whereinthe shank upper end has a tool engagement formation formed thereonadapted for non-slip engagement by a tool for driving the bone screwshank into bone.
 25. The improvement of claim 23 wherein thearticulation structure is sized and shaped to be at least one oftop-loadable and bottom-loadable into the receiver.
 26. The improvementof claim 23 wherein the articulation structure further comprises firstand second spaced ends, the articulation structure being compressibleand expandible expandable with the first and second ends being movabletoward and away from one another.
 27. The improvement of claim 23wherein the resilient structure is a pair of opposed spring tabsintegral with the receiver and extending toward a central axis of thereceiver.
 28. The improvement of claim 27 wherein the opposed springtabs face downwardly.
 29. The improvement of claim 27 wherein theopposed spring tabs face upwardly.
 30. In a bone screw assembly having areceiver pivotally connected to a bone screw shank, the receiver havingan opening for receiving a longitudinal connecting member and acompression insert disposed in the receiver for frictional engagementwith the longitudinal connection member and having a depression formedin an outer surface thereof, the improvement comprising: a) resilientstructure extending from the receiver and biasing against thecompression insert at the depression thereof, the resilient structureresisting rotational movement of the compression insert within thereceiver to maintain a desired alignment of the insert with thereceiver, while allowing for upward and downward movement of the insertwith respect to the receiver; and b) an articulation structure disposedbetween the bone screw shank and the receiver, the articulationstructure having a first curvate wall in sliding engagement with thereceiver and a second curvate wall in sliding engagement with the bonescrew shank.
 31. The improvement of claim 30 wherein the resilientstructure is a pair of opposed spring tabs attached to the receiver andextending toward a central axis of the receiver.
 32. The improvement ofclaim 31 wherein the opposed spring tabs face downwardly.
 33. Theimprovement of claim 31 wherein the opposed spring tabs face upwardly.34. The improvement of claim 30 wherein the insert depression is ashallow groove.
 35. The improvement of claim 30 wherein the insertdepression is a flat surface.
 36. The improvement of claim 30 whereinthe articulation structure further comprises first and second spacedends, the articulation structure being compressible and expandibleexpandable with the first and second ends being movable toward and awayfrom one another.
 37. The improvement of claim 30 wherein thearticulation structure is freely movable relative to both the shank andthe receiver during positioning of the shank relative to the receiver.38. In a bone screw assembly having a receiver pivotally connected to abone screw shank, the shank having a lower portion attachable to a boneand an upper head portion, the receiver having an opening for receivinga longitudinal connecting member, the assembly also having a compressioninsert disposed in the receiver for frictional engagement with thelongitudinal connecting member and the shank upper head portion, theimprovement wherein the receiver comprises: a resilient structureintegral with the receiver, the structure having a surface projectinginwardly and facing downwardly into the receiver in a direction towardsthe shank; the structure biasing against the compression insert, holdingthe insert within the receiver and downwardly against the shank upperhead portion, and resisting rotational movement of the insert tomaintain a desired alignment of the insert with the receiver, whileallowing for upward and downward movement of the insert with respect tothe receiver.
 39. The improvement of claim 38 wherein the resilientstructure is a first resilient structure; and further comprising asecond resilient structure integral with the receiver and locatedopposite the first resilient structure, the second resilient structurealso projecting inwardly and facing downwardly into the receiver in adirection towards the shank.
 40. In a bone screw assembly having areceiver pivotally connected to a bone screw shank, the shank having alower portion attachable to a bone and an upper head portion, thereceiver having an opening for receiving a longitudinal connectingmember, the assembly also having a compression insert disposed in thereceiver for frictional engagement with the longitudinal connectingmember and the shank upper head portion, the improvement wherein thereceiver comprises: a resilient structure integral with the receiver,the structure having a surface projecting inwardly and facing upwardlyinto the receiver in a direction towards the shank; the structurebiasing against the compression insert, holding the insert within thereceiver and downwardly against the shank upper head portion, andresisting rotational movement of the insert to maintain a desiredalignment of the insert with the receiver, while allowing for upward anddownward movement of the insert with respect to the receiver.
 41. Theimprovement of claim 40, wherein the resilient structure is a firstresilient structure; and further comprising a second resilient structureintegral with the receiver and located opposite the first resilientstructure, the second resilient structure also projecting inwardly andfacing upwardly into the receiver in a direction towards the shank. 42.In a bone screw assembly having a receiver pivotally connected to a bonescrew shank, the receiver having an opening for receiving a longitudinalconnecting member and a compression insert disposed in the receiver forfrictional engagement with the longitudinal connection member, theimprovement comprising: a) resilient structure extending from thereceiver and biasing against the compression insert at a depressionformed in a surface of the insert, the resilient structure resistingrotational movement of the compression insert within the receiver tomaintain a desired alignment of the insert with the receiver, whileallowing for upward and downward movement of the insert with respect tothe receiver; and b) an articulation structure disposed between the bonescrew shank and the receiver, the articulation structure having a firstcurvate wall in sliding engagement with the receiver and a secondcurvate wall in sliding engagement with the bone screw shank; and c) thecompression insert comprising a top and bottom portion having a bottomsurface and a through-bore with an opening on the bottom surface sizedand shaped to mate with an upper portion of the bone screw shank. 43.The improvement of claim 42, wherein the top portion of the through-boreis cylindrical shaped, and the bottom portion of the through-bore issized and shaped to mate with the upper portion of the bone screw shank.44. A polyaxial bone screw assembly comprising: a) a bone screw shankhaving an upper portion with a top surface; b) a receiver having aninternal cavity with an integral spherical seating surface adjacent alower opening, the bone screw upper portion receivable in the cavitythrough the opening; c) a retaining and articulating structurereceivable in the cavity and positioned below the top surface of theshank and between the shank upper portion and the receiver, theretaining and articulating structure having an outer spherical surfacefor seating against the receiver seating surface and being unattached toboth the shank and the receiver so as to be freely movable relative toboth the shank and the receiver during positioning of the shank relativeto the receiver; d) a compression insert disposed in the receiver duringfinal positioning of the shank to lock the shank in place, the inserthaving a lower first mating surface frictionally engageable with thebone screw upper portion and an upper second mating surface to engage arod; and e) resilient structure extending from the receiver and biasingagainst the compression insert at a depression formed in a surface ofthe insert, the resilient structure resisting rotational movement of thecompression insert within the receiver to maintain a desired alignmentof the insert with the receiver, while allowing for upward and downwardmovement of the insert with respect to the receiver.
 45. The polyaxialbone screw assembly of claim 44, wherein the receiver internal cavityfurther comprises an expansion portion above the spherical seatingsurface, the expansion portion being configured to allow the retainingand articulating structure to expand therein around the shank upperportion during loading of the bone screw shank through the loweropening, and to then snap around the shank upper portion with an innerspherical surface of the retaining and articulating structure in slidingcooperation with an outer spherical surface of the shank upper portion.46. The polyaxial bone screw assembly of claim 45, further comprising anouter groove formed into the outer spherical surface of the retainingand articulating structure to provide additional clearance for theexpansion of the retaining and articulating structure within theexpansion portion of the receiver internal cavity.
 47. The assembly ofclaim 1, wherein the receiver cavity further comprises an expansionportion above a spherical seating surface, the expansion portion beingconfigured to allow the retaining and articulating structure to expandtherein around the shank upper portion during loading of the bone screwshank into the receiver, and to then snap around the shank upper portionwith an inner spherical surface of the retaining and articulatingstructure in sliding cooperation with an outer spherical surface of theshank upper portion.
 48. The assembly of claim 47, further comprising anouter groove formed into the outer spherical surface of the retainingand articulating structure to provide additional clearance for theexpansion of the retaining and articulating structure within theexpansion portion of the receiver cavity.
 49. The improvement of claim23, wherein the receiver further comprises an expansion portion abovethe receiver interior surface, the expansion portion being configured toallow the articulation structure to expand therein around the shankupper end during loading of the shank into the receiver and to then snaparound the shank upper end with the articulation structure third curvatesurface entering into slidable engagement with the shank upper end firstcurvate surface.
 50. The improvement of claim 49, further comprising anouter groove formed into the articulation structure second curvatesurface to provide additional clearance for the expansion of thearticulation structure within the receiver expansion portion.